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(영문) 서울고등법원 2018.11.14 2017나2075676
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, except for the following modifications.

[Revision] Following the 5th sentence of the first instance court's 4th sentence "(the date of completion is January 8, 2008, and the starting date of business under Article 2 subparagraph 8 of the concession agreement is July 8, 2008)" shall be added.

The following shall be added to the 7th sentence of the first instance court in the letter of “including the 13th sentence.”

As of June 20, 2012, each concession agreement entered into with SP Korea on June 20, 2012 with SPS Korea for the purpose of engaging in logistics business, the following agreements stipulate that both “additional terms and conditions of reduction or exemption of rents” shall apply based on the amount of “facility investment” and, at the same time, the concessionaire shall submit all necessary materials to confirm whether the investment funds are invested in the business of a free trade zone. On the other hand, in relation to the determination of the amount of facility investment, the former concession agreement provides that “where a project operator makes an investment in facilities on at least two occasions, the standards of reduction or exemption shall apply once by summing up all the amount of investment funds,” while the latter concession agreement provides that “where a project operator makes an investment in facilities on at least two occasions within five years from the date of conclusion of the agreement, the total amount of investment funds shall be subject to reduction by up to 100,000 if the project operator completes the investment amount under Article 8 of the Foreign Investment Promotion Act, the following provisions shall be deemed as a foreign-invested under the Foreign Investment Promotion Act:

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